HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 201/14
EN
Official Journal of the European Union
26.7.2013
COMMISSION REGULATION (EU) No 715/2013
of 25 July 2013
establishing criteria determining when copper scrap ceases to be waste under Directive 2008/98/EC
of the European Parliament and of the Council
THE EUROPEAN COMMISSION,
conditions for copper scrap, adverse effects on
recycling markets for copper scrap are noted, in
particular with regard to the availability of, and access
Having regard to the Treaty on the Functioning of the European
to, such scrap.
Union,
Having regard to Directive 2008/98/EC of the European
(6)
In order to allow operators to adapt to the criteria deter
mining when copper scrap ceases to be waste, it is
Parliament and of the Council of 19 November 2008 on
appropriate to provide for a reasonable period to
waste and repealing certain Directives ( 1 ) and in particular
elapse before this Regulation applies.
Article 6(2) thereof,

Whereas:
(7) The
Committee
established
by
Article
39
of
Directive
2008/98/EC has not delivered an opinion on the
measures provided for in this Regulation and the
(1) It
results
from
an
evaluation
of
several
waste
streams
that
Commission therefore submitted a proposal relating to
recycling markets for copper scrap would benefit from
the measures to be taken to the Council and forwarded it
the development of specific criteria determining when
to the European Parliament. The Council did not act
copper scrap obtained from waste ceases to be waste.
within the 2-month period provided for by Article 5a
Those criteria should ensure a high level of environ
of Council Decision 1999/468/EC of 28 June 1999
mental protection. They should be without prejudice to
laying down the procedures for the exercise of imple
the classification of recovered copper scrap as waste by
menting powers conferred on the Commission ( 2 ), and
third countries.
the Commission therefore submitted the proposal to
the European Parliament without delay. The European
Parliament did not oppose the measure within 4
(2)
Reports of the Joint Research Centre of the European
months from the abovementioned forwarding,
Commission have shown that a market and demand
exist for copper scrap to be used as feedstock in the
non-ferrous metal producing industry. Copper scrap
HAS ADOPTED THIS REGULATION:
should therefore be sufficiently pure and meet the
relevant standards or specifications required by the
non-ferrous metal producing industry.
Article 1
Subject matter
(3) The
criteria
determining
when
copper
scrap
ceases
to
be This Regulation establishes criteria determining when copper
waste should ensure that copper scrap resulting from a
scrap ceases to be waste.
recovery operation meets the technical requirements of
the non-ferrous metal producing industry, comply with
existing legislation and standards applicable to products
Article 2
and do not lead to overall adverse environmental or
human health impacts. Reports of the Joint Research
Definitions
Centre of the European Commission have shown that
For the purposes of this Regulation, the definitions set out in
the proposed criteria on the waste used as input in the
Directive 2008/98/EC shall apply.
recovery operation, on the treatment processes and tech
niques, as well as on the copper scrap resulting from the
recovery operation fulfil those objectives as they should
In addition, the following definitions shall apply:
result in the generation of copper scrap devoid of
hazardous properties and sufficiently free of metals
other than copper and non-metallic compounds.
(1) ‘copper scrap’ means scrap metal which consists mainly of
copper and copper alloys;
(4) In
order
to
ensure
compliance
with
the
criteria,
it
is
appropriate to provide that information on copper
(2) ‘holder’ means the natural or legal person who is in
scrap which has ceased to be waste is issued and that
possession of copper scrap;
a management system is implemented.
(3) ‘producer’ means the holder who transfers copper scrap to
(5) A
review
of
the
criteria
may
prove
necessary
if,
on
the
another holder for the first time as copper scrap which has
basis of a monitoring for the development of market
ceased to be waste;
( 1 ) OJ L 312, 22.11.2008, p. 3.
( 2 ) OJ L 184, 17.7.1999, p. 23.

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EN
26.7.2013 Official
Journal
of
the
European
Union L
201/15
(4) ‘importer’ means any natural or legal person established
(b) effectiveness of radiation monitoring as set out in Section
within the Union who introduces copper scrap which has
1.5 of Annex I;
ceased to be waste into the customs territory of the Union;
(5) ‘qualified staff’ means staff which is qualified by experience
(c) acceptance control of waste used as input for the recovery
or training to monitor and assess the properties of copper
operation as set out in Section 2 of Annex I;
scrap;
(d) monitoring of the treatment processes and techniques
(6) ‘visual inspection’ means inspection of copper scrap
described in Section 3.3 of Annex I;
covering all parts of a consignment and using human
senses or any non-specialised equipment;
(e) feedback from customers concerning compliance with
(7) ‘consignment’ means a batch of copper scrap which is
copper scrap quality;
intended for delivery from a producer to another holder
and may be contained in either one or several transport
units, such as containers.
(f) record keeping of the results of monitoring conducted
under points (a) to (d);
Article 3
Criteria for copper scrap
(g) review and improvement of the management system;
Copper scrap shall cease to be waste where, upon transfer from
the producer to another holder, all of the following conditions
(h) training of staff.
are fulfilled:
(1) the copper scrap resulting from the recovery operation
3. The
management
system
shall
also
prescribe
the
specific
complies with the criteria set out in Section 1 of Annex I;
monitoring requirements set out in Annex I for each criterion.
(2) the waste used as input for the recovery operation complies
4. Where any of the treatments referred to in Section 3.3 of
with the criteria set out in Section 2 of Annex I;
Annex I is carried out by a prior holder, the producer shall
ensure that the supplier implements a management system
(3) the waste used as input for the recovery operation has been
which complies with the requirements of this Article.
treated in accordance with the criteria set out in Section 3
of Annex I;
5. A
conformity
assessment
body,
as
defined
in
Regulation
(4) the producer has satisfied the requirements set out in
(EC) No 765/2008 of the European Parliament and of the
Articles 4 and 5.
Council ( 1 ), which has obtained accreditation in accordance
with that Regulation, or an environmental verifier, as defined
Article 4
in Art 2 (20) (b) of Regulation (EC) No 1221/2009 of the
European Parliament and of the Council ( 2 ), which is accredited
Statement of conformity
or licensed in accordance with that Regulation, shall verify that
1. The
producer
or
the
importer
shall
issue,
for
each the management system complies with the requirements of this
consignment of copper scrap, a statement of conformity
Article. The verification shall be carried out every 3 years.
conforming to the model set out in Annex II.
Only verifiers with the following scope of accreditation or
2. The
producer
or
the
importer
shall
transmit
the
statement licence based on the NACE Codes as specified in Regulation
of conformity to the next holder of the copper scrap
(EC) No 1893/2006 of the European Parliament and of the
consignment. The producer or the importer shall retain a
Council ( 3 ) shall be regarded as having sufficient specific
copy of the statement of conformity for at least 1 year after
experience to perform the verification mentioned in this Regu
its date of issue and shall make it available to competent auth
lation:
orities upon request.
3. The
statement
of
conformity
may
be
in
electronic
form.
(a) * NACE Code 38 (Waste collection, treatment and disposal
activities; material recovery); or
Article 5
Management system
(b) * NACE Code 24 (Manufacture of basic metals) especially
including the sub-code 24.44 (Copper production).
1. The
producer
shall
implement
a
management
system
suitable to demonstrate compliance with the criteria referred
to in Article 3.
6. The
importer
shall
require
his
suppliers
to
implement
a
management system which complies with the requirements of
2. The
management
system
shall
include
a
set
of
docu
paragraphs 1, 2 and 3 and has been verified by an independent
mented procedures concerning each of the following aspects:
external verifier.
(a) monitoring of the quality of copper scrap resulting from the
( 1 ) OJ L 218, 13.8.2008, p. 30.
recovery operation as set out in Section 1 of Annex I
( 2 ) OJ L 342, 22.12.2009, p. 1.
(including sampling and analysis);
( 3 ) OJ L 393, 30.12.2006, p. 1.

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L 201/16
EN
Official Journal of the European Union
26.7.2013
The management system of the supplier shall be certified by a
specifications laid down in Regulation (EC) No 765/2008 or
conformity assessment body which is accredited by one of the
Regulation (EC) No 1221/2009 together with Commission
following:
Decision 2011/832/EU ( 1 ).
(a) an accreditation body successfully peer evaluated for this
7. The producer shall give competent authorities access to
activity by the body recognised in Article 14 of Regulation
the management system upon request.
(EC) No 765/2008;
Article 6
(b) an environmental verifier which is accredited or licensed by
an accreditation or licensing body according to Regulation
Entry into force
(EC) No 1221/2009 which is also subject to peer evaluation
This Regulation shall enter into force on the twentieth day
according to Article 31 of that Regulation.
following that of its publication in the Official Journal of the
European Union.
Verifiers who want to operate in third countries must obtain
a specific accreditation or licence, in accordance with the
It shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 July 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 330, 14.12.2011, p. 25.

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EN
26.7.2013 Official
Journal
of
the
European
Union L
201/17
ANNEX I
Criteria for copper scrap
Criteria Self-monitoring
requirements
Section 1. Quality of copper scrap resulting from the recovery operation
1.1. The scrap shall be graded according to a customer Qualified staff shall grade each consignment.
specification or an industry specification or a
standard for direct use in the production of metal
substances or objects by smelters, refiners, re-melters
or other metals producers.
1.2. The total amount of foreign materials shall be < 2 % Qualified staff shall carry out visual inspection of each
by weight;
consignment.
Foreign materials are:
At appropriate intervals (at least every 6 months) represen
tative samples of each grade of copper scrap shall be
— metals other than copper and copper alloys,
analysed to measure the total amount of foreign materials.
The total amount of foreign materials shall be measured by
— non-metallic materials such as earth, dust, insu weighing after separating copper/copper alloy metallic
lation and glass,
particles and objects from particles and objects consisting
foreign materials by hand sorting or other means of
— combustible non-metallic materials such as rubber, separation (e.g. by magnet or based on the density).
plastic, fabric, wood and other chemical or organic
substances,
The appropriate frequencies of analysing representative
samples shall be established taking into account the
— slag, dross, skimming, baghouse dust, grinder dust, following factors:
sludge.
— the expected pattern of variability (for example as
shown by historical results),
— the inherent risk of variability in the quality of the
waste used as input for the recovery operation and in
the performance of the treatment process,
— the inherent precision of the monitoring method, and
— the proximity of results to the limit values for the total
amount of foreign materials.
The process of determining monitoring frequencies should
be documented as part of the management system and
should be available for auditing.
1.3. The scrap shall not contain excessive metal oxide in Qualified staff shall carry out a visual inspection of each
any form, except for typical amounts arising from consignment.
outside storage of prepared scrap under normal
atmospheric conditions.
1.4. The scrap shall be free of visible oil, oily emulsions, Qualified staff shall carry out a visual inspection of each
lubricants or grease except negligible amounts that consignment, paying particular attention to those parts
will not lead to any dripping.
where oil is most likely to drip.
1.5. There is no need for response action according to Qualified staff shall monitor the radioactivity of each
national or international rules on monitoring and consignment. Each consignment of scrap shall be accom
response procedures for radioactive scrap metal.
panied by a certificate established in accordance with
national or international rules on monitoring and
This requirement is without prejudice to the legislation response procedures for radioactive scrap metal. The
on the health protection of workers and members certificate may be included in other documentation accom
of the public adopted in Chapter III of the panying the consignment.
Euratom Treaty, in particular Council Directive
96/29/Euratom ( 1 ).

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L 201/18
EN
Official Journal of the European Union
26.7.2013
Criteria Self-monitoring
requirements
1.6. The scrap shall not display any of the hazardous prop Qualified staff shall investigate each consignment by visual
erties listed in Annex III to Directive 2008/98/EC of inspection. Where visual inspection raises any suspicious of
the European Parliament and the Council. The scrap possible hazardous properties, further appropriate moni
shall comply with the concentration limits laid down toring measures shall be taken, such as sampling and
in Commission Decision 2000/532/EC ( 2 ) and not testing where appropriate. The staff shall be trained on
exceed the concentration limits laid down in Annex potential hazardous properties that may be associated
IV to Regulation (EC) No 850/2004 of the European with copper scrap and on material components or
Parliament and the Council ( 3 ).
features that allow recognising the hazardous properties.
The procedure of recognising hazardous materials shall
Properties of alloy metals included in copper alloys are be documented under the management system.
not relevant for this requirement.
1.7. The scrap does not contain any pressurised, closed or Qualified staff shall investigate each consignment by visual
insufficiently open containers that could cause inspection.
explosions in a metal work furnace.
1.8. The scrap shall not contain PVC in form of coatings, Qualified staff shall investigate each consignment by visual
paints, or residual plastics.
inspection.
Section 2. Waste used as input for the recovery operation
2.1. Only waste that contained recoverable copper or Acceptance control of all waste received (by visual
copper alloys may be used as input.
inspection) and of the accompanying documentation shall
be carried out by qualified staff which is trained on how to
2.2. Hazardous waste shall not be used as an input except recognise waste that does not fulfil the criteria set out in
where proof is provided that the processes and tech this section.
niques specified under ‘criteria on treatment and tech
niques’ to remove all hazardous properties have been
applied.
2.3. The following wastes shall not be used as an input:
— filings and turnings that contain fluids such as oil
or oily emulsions, and
— barrels and containers, except equipment from
end-of-life vehicles, which contain or have
contained oil or paints.
Setion 3. Treatment processes and techniques
3.1. The copper scrap shall have been segregated at source
or while collecting or the input wastes shall have been
treated to separate the copper scrap from the non-
metal and non-copper metal components. The
copper scrap resulting from these operations shall be
kept separate from any other waste.
3.2. All mechanical treatments (like cutting, shearing,
shredding or granulating; sorting, separation,
cleaning, de-polluting, emptying) needed to prepare
the metal scrap for direct input into final use shall
have been completed.
3.3. For waste containing hazardous components the
following specific requirements shall apply:
— input materials that originate from waste electrical
or electronic equipment or from end-of-life
vehicles shall have undergone all treatments
required by Article 6 of Directive 2002/96/EC of
the European Parliament and of the Council ( 4 ) and
by Article 6 of Directive 2000/53/EC of the
European Parliament and of the Council ( 5 ),

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EN
26.7.2013 Official
Journal
of
the
European
Union L
201/19
Criteria Self-monitoring
requirements
— chlorofluorocarbons in discarded equipment shall
have been captured in a process approved by the
competent authorities,
— cables shall have been chopped or stripped. If a
cable contains organic coatings (plastics), the
organic coatings shall have been removed in
accordance with best available techniques,
— barrels and containers shall have been emptied and
cleaned,
— hazardous substances in waste not mentioned in
point (1) shall have been efficiently removed in a
process which is approved by the competent auth
ority.
( 1 ) OJ L 159, 29.6.1996, p. 1.
( 2 ) OJ L 226, 6.9.2000, p. 3.
( 3 ) OJ L 158, 30.4.2004, p. 7.
( 4 ) OJ L 37, 13.2.2003, p. 24.
( 5 ) OJ L 269, 21.10.2000, p. 34.

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L 201/20
EN
Official Journal of the European Union
26.7.2013
ANNEX II
Statement of Conformity with the end-of-waste criteria referred to in Article 4(1)
1. Producer/importer
of
the
copper
scrap:
Name:
Address:
Contact person:
Tel.
Fax
E-mail:
2. (a) Name or code of the scrap metal category, in accordance with an industry specification or standard:
(b) Where relevant, main technical provisions of a customer specification, such as composition, size, type and
properties:
3. The scrap metal consignment complies with the industry specification or standard referred to in point 2(a) or with
the customer specification to in point 2(b).
4. Quantity
of
the
consignment
in
kg:
5. A
radioactivity
test
certificate
has
been
established
in
accordance
with
national
or
international
rules
on
monitoring
and response procedures for radioactive scrap metal.
6. The producer of scrap metal applies a management system complying with the requiremets of Commission
Regulation (EU) No 715/2013, which has been verified by an accredited conformity assessment body or by an
environmental verifier or, where scrap metal which has ceased to be waste is imported into the customs territory of
the Union, by an independent external verifier.
7. The scrap metal consignment meets the criteria referred to in paragraphs 1 to 3 of Article 3 of Regulation (EU) No
715/2013.
8. Declaration of the producer/importer of scrap metal: I certify that the above information is complete and correct to
the best of my knowledge:
Name:
Date:
Signature:

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Document Outline

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